Related Practices

Wrongful Termination, Discrimination and Harassment

Neravetla v. Virginia Mason

Obtained complete summary judgment for medical center and three individual defendants including its CEO in case involving physician plaintiff alleging 13 claims, including discrimination under the ADA and Washington law, and a variety of common law claims arising from the mandatory referral to the Washington Physicians Health Program and subsequent termination of his residency. Shantanu Neravetla v. Virginia Mason Medical Center, et al. (U.S. District Court, W.D. Wash. 2015)

Representing large organizations in defending single-plaintiff employment matters—before and after the filing of a lawsuit—in the areas of discrimination, wrongful termination, retaliation, wage and hour, and breach of contract. (Ongoing)

Rodarte v. Trident Seafoods Corporation

Lenge v. Charter Communications LLC

Won summary judgment in wrongful termination case involving claims of disability discrimination, failure to accommodate, and retaliation. Employee-plaintiff had dyslexia and was terminated after refusing to return from medical leave. Court found plaintiff’s complaint failed on all seven claims. (C.D. Cal. 2013)

Aboseif v. Southern California Permanente Medical Group et al.

Lead defense counsel in an arbitration case brought by a former partner physician alleging nine causes of action related to his partnership and service as a physician. (2012)

Diederich v. Providence Health & Services

Won summary judgment on all state and federal claims alleging disability and age discrimination, hostile work environment, and retaliation brought by former physician resident in family medicine program in large teaching hospital in Olympia; also obtained order limiting breach of contract damages (W.D.Wash. 2012)

Estrella v. Merrill Lynch, Pierce, Fenner, & Smith, Inc.

Defended Merrill Lynch and several current and former employees in a single-plaintiff case alleging claims for sexual harassment, constructive discharge, and retaliation. Case resolved without payment of any settlement amount. (2012)

Gorfinkle v. NVIDIA Corporation*

Led the team that obtained dismissal and/or summary adjudication of 13 of 14 causes of action against NVIDIA and individual C Suite executives in a wrongful termination case by a high-level, long term employee. (2012)

Nelson v. Providence Health & Services

Won summary judgment on all claims in wrongful termination case brought by former cardiovascular technician alleging discrimination based on her medical condition of multiple sclerosis. Plaintiff claimed employer violated the FMLA, ADA, and WLAD, and engaged in retaliation under state and federal laws (W.D.Wash. 2012)

Iqbal v. Pointil Systems, Inc.

Russell Childs v. Microsoft

Won motion for summary judgment on all claims in wrongful termination case involving foreign-national plaintiff seeking monetary damages and injunctive relief related to residency in the U.S. and Canada. Our team secured a number of early case victories for Microsoft including 12(c) dismissal of three claims, blocking the deposition of a Microsoft executive, and winning several discovery motions. The nine remaining claims for wrongful withholding of wages, race and national origin disparate treatment, disparate impact, wrongful termination in violation of public policy, misrepresentation, and four different federal immigration statute violations were dismissed on summary judgment. (W. D. Wash. 2011)

Williams v. Sony Pictures Entertainment

Willis v. Landsafe Title of California, Bank of America Corporation

Defended Landsafe and Bank of America in retaliation and wrongful discharge brought by former executive. (2011)

Trial Experience

Campbell v. American Express, Conde Nast Publications, et al.

Obtained summary judgment as lead defense counsel in class action brought on behalf of all males in California against eight corporate defendants alleging violations of the Unruh Act (gender discrimination) and Gender Tax Repeal Act in connection with a "Women's Golf Month" event. (2012)

Winston v. Countrywide Home Loans, Bank of America

Lead trial counsel for defendants in a month-long trial for fraud and wrongful discharge claims brought by former Countrywide executive. Obtained defense verdict at trial on all but one claim. The Court of Appeals found for the defense on the final claim and reversed the judgment in full, (without a new trial) finding that substantial evidence did not support the jury’s verdict. Plaintiff’s petition for review to California Supreme Court denied. (Cal. Super. Ct. 2011; Cal. App. & Supreme Ct. 2013)

Green, et al. v. Standard Appliance, Inc.

Representation of defendant employer against claims for age and employment discrimination brought by multiple former employees terminated in reduction in force. Jury trial resulted in complete defense verdict in favor of employer. (2010)

Dent and Strathmann v. CombiMatrix

Represented biotech company in defense of claims brought by former vice president of research and development and vice president of marketing seeking multimillion-dollar damages for bonuses and commissions and also asserting patent and intellectual property claims. Claims dismissed following two-week trial. (2008)

Class Action Defense

Noe, et. al. v. Sarnoff, et. al.

Representing national concessions and entertainment clients in wage and hour class action brought on behalf of concessionaires at various sport arena locations in California alleging they were improperly classified as independent contractors and other claims. (L.A. Cty (Cal.) Super. Ct. Ongoing)

Wage and hour class action defense for national publication, international entertainment company

Represent national publication and international entertainment company in two separate wage and hour class actions dealing with promotional 'women only' event. Successfully resolved case, second is ongoing. (Ongoing)

De Lapp v. U.S. Bank

Defended U.S. Bank in a class action alleging forfeiture of vacation time in connection with acquisition of another financial institution resulting in a favorable settlement for our client. (2010)

Lucarini v. Dresser, Inc.

Lead defense counsel in wage and hour class action brought on behalf of oil industry technicians alleging violations of alternative work week, meal period, on-call time, and off the clock rules. (SBSC 2010)

Ross v. U.S. National Bank Association

Defended U.S. National Bank Association in California wage and hour class action involving some 5,000 employees in California, Oregon, and Washington, and claims of misclassification, off-the-clock, meal and rest period, overtime, and paystub violations. Most claims were dismissed or withdrawn. The few claims that remained were settled. (2010)

Hallam v. Holland America Line

Prevailed before the Alaska Supreme Court on novel class action claim concerning the so-called 'pyramiding' method of computing overtime for hours worked in excess of eight hours in a day or 40 hours in a week. 180 P.3d 955 (Alas. 2008)

Carlton Cousin v. BBBS of Alaska*

EEOC v. Lowe's HIW, Inc.

Represented national retailer in multi-plaintiff sexual harassment, retaliation, and termination case brought in federal court by EEOC and five intervenor plaintiffs. Resolved by settlement and Consent Decree. (2009)

Successfully represented a large food company in an appeal of a WISHA safety and health citation alleging failure to provide employees with appropriate personal protective equipment. After an administrative hearing, the Board of Industrial Insurance Appeals vacated the bulk of the citation against the company, and the courts upheld the board's ruling on appeal. 143 Wash. App. 576, 178 P.3 1070 (Wash. App. 2008)

Pierscieniak v. Volt Information Sciences, Inc.

Audits and Investigations

OFCCP corporate review for health care organization

Representation of a 50,000-employee health care organization in response to OFCCP corporate audit focusing on glass ceiling and other potential gender discrimination issues. Developed and implemented strategy to deal with numerous complaints from female employees during audit about perceived gender discrimination, resulting in closure of the audit with no back pay or hiring requirements or other adverse findings. (2008)